OFFICE OF THE GOVERNOR GUAM

Transcription

1 I OFFICE OF THE GOVERNOR GUAM JUL The Honorable Antonio R. Unpingco Speaker I Mina'Bente Singko na Liheslaturan GuHhan Twenty-Fifth Guam Legislature Guam Legislature Temporary Building 155 Hesler Street I HagHtiia, Guam Dear Speaker Unpingco: Enclosed please find Substitute Bill No. 226 (CO "AN ACT TO CREATE SEVEN CRITICAL FULL-TIME EMPLOYEE WITHIN THE GUAM ENVIRONMENTAL PROTECTION AGENCY", which was enacted into law without the signature of the Governor. It is now besignated as Public Law NO Very truly yours, bf~,ce. *--i,.- ~5 ;E LL,J:2?..!l ;i CTe.7,,_.s,c xgm i Time Date Acting Governor of Guam Attachment: cc: i copy attached for signed bill or overridden bill original attached for vetoed bill1! The Honorable Joanne M. S. Brown Legislative Secretary I I Ricardo j. Bordallo Governor's Complex. Post Office Box 2950, Agana, Guam (671) Fax (671)477-GUAM

2 MINA'BENTE SINGKO NA LIHESLATURAN GUAHAN 1999 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAHAN This is to certify that Substitute Bdl No. 226 (COR), "AN ACT TO CREATE SEVEN CRITICAL FULL-TIME EMPLOYEE POSITIONS WITHIN THE GUAM ENVIRONMENTAL PROTECTION AGENCY," was on the 17* day of June, 1999, duly and regularly passed. R. UNPINGCO Senator and Legislative Secretary T- This Act was received by I Magarlahen Guahan this / & day of,1999, at 5 : <U ofclock &.M. APPROVED: i Maga'lahi's Office MADELEINE Z. BORDALLO I Maga'lahen Guahan ~kto Acting Governor of Guam Date: July 7, 7999 Public Law No Became law without the sianature of I Maga'lahen Guahan, the agovernoy of Guam.

3 MINA'BENTE SINGKO NA LIHESLATURAN GUAHAN 1999 (FIRST) Regular Session Bill No. 226 (COR) As substituted by the Committee on Natural Resources and further substituted on the Floor. Inkoduced by: J. M.S. Brown J. C. Salas C. A. Leon Guerrero L. F. Kasperbauer F. B. Aguon, Jr. E. C. Bermudes A. C. Blaz E. B. Calvo M. G. Camacho Mark Forbes A. C. Lamorena, V K. S. Moylan V. C. Pangelinan S. A. Sanchez, 11 A. R. Unpingco AN ACT TO CREATE SEVEN CRITICAL FULL-TIME EMPLOYEE POSITIONS WITHIN THE GUAM ENVIRONMENTAL PROTECTION AGENCY. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslafuran Guihan has 3 determined that certain employee positions, which were formerly authorized for 4 the Guam Environmental Protection Agency ("GEPA) were repealed by 21(a) 5 and (b) of Chapter V of Public Law Number I Likeslaturan Guihan has 6 further determined that these positions are critical to the administration of the

4 Solid Waste Management Program, the Hazardous Waste Management Program, the Air Pollution Control Program, the Water Pollution Control Program, the Safe Drinking Water Program and the Water Resources Management Program. The creation of said positions will enable GEPA to obtain the necessary delegated authorization status to implement the Resource Conservation and Recovery Act ("RCRA), Subtitle D (Solid Waste), to expedite the closure and post closure plans for the Ordot Landfill and immediately open a new landfill as this body has previously determined to be absolutely imperative, and to obtain the delegated authorization needed to implement Title V of the Clean Air Act ("CAA) to avoid Federally imposed fees for power generating facilities. I Liheslaturan Gudhan further determines it is critical to protect the Northern Aquifer from pollutants and contaminants through the implementation and enforcement under the Water Pollution Control Program and the Safe Drinking Water Program, and to further protect Guam's water resources through monitoring existing and new water wells being developed on Guam. I Liheslafuran Gudhan further determines that the staffing of these programs is necessary for Guam to be in compliance with the Federal sewer construction grants program, the ~ationai Pollutant Discharge Elimination System ("NPDES") Program, contained within Title 40 C.F.R, S and Title 40 C.F.R. 257(B) and (D), as authorized by the RCRA, the Clean Air Act and various other Federal environmental laws. Section 2. Funding. All positions contained in this Act shall be funded from the Three Hundred Sixty Million Nine Hundred Forty-five Thousand Eight Hundred Seventy-two Dollars ($360,945,872) appropriated from the General Fund by 51 of Chapter I1 of Public Law Number 25-03, for Executive Branch

5 operations for Fiscal Year Section 3. Establishment of Seven GEPA Positions. The following positions shall be established for GEPA: (1) Environmental Health Specialist 111position for the Solid Waste Management Program; (2) Environmental Professional Engrneer position, who shall be an environmental specialist with solid waste management experience to serve under the Air and Land Division administered by GEPA, as previously mandated by Public Law Number :5; (3) Environmental Health Specialist III position to be employed in the Air Pollution Control Program administered by GEPA; (4) Environmental Engineer I position to be employed in the Air Pollution Control Program administered by GEPA; (5) Engineer I1 position to be employed in the Water Pollution Control Program administered by GEPA; (6) Engmeer I1 position to be employed in the Water Resources Management Program administered by GEPA; and (7) Engrneer 1i position to be employed in the Safe Drinking Water Program administered by GEPA. For positions (1) and (2), above, the first priority will be to address and pursue the closure and post-closure of the Ordot Landfill and the opening of a new landfill. GEPA shall fill these positions as soon as it reasonably can and the positions shall not be underfilled or downgraded to lower position levels. Furthermore, GEPA shall not hire limited term appointments or temporary

6 1 appointments to fill these positions. 2 Section 4. Severability. If any provision of this Law or its application 3 to any circumstances is found to be invalid or contrary to law, such invalidity 4 shall not affect other provisions or applications of this Law which can be given 5 effect without the invalid provisions or application.

7 MINA' BENTE SINGKO NA LIHESLATURAN GUAHAN TWENTY-FIFTH GUAM LEGISLATURE 155 Hesla S w Hagsma, Guam f=' r. ~i!..<fl June 18,1999 The Honorable Carl T.C. Gutierrez 1 Maga'lahen Gudhan Ufrsinan I Maga'lahi Hagdtfia, Guam Dear Maga'lahi Gutierrez: Transmitted herewith are Substitute Bill Nos. 226(COR), 228(COR), 230(COR), 234(COR) and 235(COR) which were passed by I Mina'Bente Singko Na Liheslaturan Gudhan on June 17,1999. pd%%& Sincerely, OANNE M.S. BRO Enclosure (5) Senator and Legislative Secretary Mmr Fax: Chief -1 Omcu Pernoas RatmlJ Archive Ckrk of Legislabre

8 MINA'BENTE SINGKO NA LIHESLATURAN GUAHAN 1999 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAHAN This is to certdy that Substitute Bill No. 226 (COR), "AN ACT TO CREATE SEVEN CRITICAL FULL-TIME EMPLOYEE POSITIONS WITHIN THE GUAM ENVLRONMENTAL PROTECTION AGENCY," was on the 17" day of June, 1999, duly and regularly passed. R. UNPINGCO Senator and Legislative Secretary... This Act was received by I Maga'lahen Guahan this 1 g day of!-%,1999, at o'clock &.M. APPROVED: Maga'lahi's Office CARL T. C. GUTIERREZ I Magn'lnken Gtiakan Date: Public Law No.

9 MINA'BENTE SINGKO NA LIHESLATURAN GUAHAN 1999 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAHAN This is to certify that Substitute Bill No. 226 (COR), "AN ACT TO CREATE SEVEN CRITICAL FULL-TIME EMPLOYEE POSITIONS WITHIN THE GUAM ENVIRONMENTAL PROTECTION AGENCY," was on the 17" day of June, 1999, duly and regularly passed. Attested: ANTONIO R. UNPINGCO Speaker JOANNE M.S. BROWN Senator and Legislative Secretary This Act was received by I Maga'lahen Gt~ahan this day of,1999, at o'clock -.M. APPROVED: Assistant Staff Officer Maga'lahi's Office CARL T. C. GUTIERREZ I Maga'lahen Guahan Date: Public Law No.

10 I MlNA' BENTE SINGKO NA LIHESLATURAN GUAHAN 1999 (FIRST) Regular Session Date: k//7/9 9 VOTING SHEET 3Bill NO. 236 Resolution No. Question: TOTAL 0 8 L CERTIFIED TRUE AND CORRECT: Clerk of the Legislature * 3 Passes = No vote EA = Excused Absence

11 MINA' BENTE SINGKO NA LIHESLATURAN G U ~ TWENTY-FIFTH GUAM LEGISLATURE 155 Hesler Street, Hagitiia, Guam Memorandum To: Senator JOANNE M.S. BROWN i ', '.. r t. From: Subject: Clerk of the Legislature Report on Bill No. 226 (COR) Pursuant to of Rule W of the 25" Standing Rules, transmitted herewith is a copy of the Committee Report on Bill No. 226 (COR), for which you are the prime sponsor. Should you have any questions or need further "formation, please call the undersigned at /5. Attachment

12 Guam Legislature Speaker's Antonio B. Won Pat - First, Second, Fourth, Fifth, Sixth and Seventh Francisco Leon Guerrero - Third Carlos P. Taitano - Eighth Joaquin C. Arriola - Ninth and Tenth Florencio T. Rameriz - Eleventh and Twelfth Joseph F. Ada - Thirteenth and Fourteenth Thomas V. c. Tanaka - Fifteenth and Sixteenth Carl T.C. Gutierrez - Seventeenth and Eighteenth Franklin J.A. Quitugua - Nineteenth Joe T. San Agustin - Twenty, Twenty First, and Twenty Second Don Parkinson - Twenty Third Antonio Reyes Unpingco - Twenty fourth, Twenty Fifth and Twenty Sixth Vicente c. pangelinan- Twenty Seventh Mark Forbes -Twenty Eight Mark Forbes - Twenty Nine

13 Office of Senator Joanne M. Salas Brown MINA' BENTE SINGKO NA LIHESLATURAN G U ~ June 10,1999 Speaker Antonio R. Unpingco Mina' Bente Singko Na Liheslaturan Guahan 155 Hesler Street Hagatna, Guam Dear Speaker Unpingco: The Committee on Natural Resources, to which was referred, Bill No An Act to Create Eight Critical Full-Time Employee Positions Within the Guam Environmental Protection Agency wishes to report back to the Legislature its recommendation TO DO PASS as substituted. The voting sheet is as follows: TO PASS 9 NOT TO PASS ABSTAIN 0 TO PLACE IN INACTIVE FILE 0 -A!-- Copies of the Committee Report and other pertinent documents are enclosed. Thank you for your attention to this matter. Sincerelv. Enclosures Senator Legislative Secretary Chairperson, Committee on Natural Resources Suite ZOO 130 Aspinall Street HagLna, Guam Phone: Fax: Prinird on rucycicdpopr

14 Office of Senator Joanne M. Salas Brown MINK BENTE SINGKO NA LIHESLATURAN G U ~ June MEMORANDUM To: From: Subject: Committee Members Chairperson, Committee on Natural Resources Bill No. 226 (COR) - An Act to Create Eight Critical Full-Time Employee Positions Within the Guam Environmental Protection Agency. (As substituted) Transmitted herewith for your consideration and action is our Committee Report on Bill No. 226 (COR) - An Act to Create Eight Critical Full-Time Employee Positions Within the Guam Environmental Protection Agency as substituted. Please indicate your choice on the attached Voting Sheet and return the documents to my office for transmittal to the other members. Should you have any questions on the narrative report or the accompanying documents, please do not hesitate to contact me at Your attention and cooperation on this matter is greatly appreciated. Attachments Legislative Secretary Chairperson, Committee on Natural Resources Suite Aspinall Street Hagkia, Guam Phone: Fax: Pnrirrd on mc)clrdpapr

15 Office of Senator Joanne M. Salas Brown MINA' BENTE SINGKO NA LIHESLATURAN G U ~ A ~ V Committee on Natural Resources Joanne M.S. Brown Chairperson VOTING SHEET l~ill No. 226 (COR) - An Act to Create Eight Critical Full-Time Employee Positions Within the Guam Environmental Protection Agency. (As substituted) TO PLACE IN Legislative Secretary Chairperson, Committee on Natural Resources Suite Aspinall Street. Hagitna, Guam Phone: Fax: Pnnrrd on recycledpuper

16 MZNA' BENTE SZNGKO NA LZHESLATURAN GUAHAN 1999 (FIRST) Regular Session Bill No. 226 (COR) As substituted by the Committee on Natural Resources Introduced by: J. M. S. Brown AN ACT TO CREATE EIGHT CRITICAL FULL-TIME EMPLOYEE POSITIONS WITHIN THE GUAM ENVIRONMENTAL PROTECTION AGENCY. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Findings and Intent. I Liheslaturan Guahan has determined that certain full time employee positions (FTEs) which were formerly authorized for the Guam Environmental Protection Agency (GEPA) were repealed by Public Law Chapter V Sections 21(a) and (b). I Liheslaturan Guahan has further determined that these positions are critical to the administration of the Solid Waste Management Program, the Hazardous Waste Management Program, the Air Pollution Control Program, the Water Pollution Control Program, the Safe Drinking Water Program, and the Water Resources Management Program. The creation of said positions will enable the Guam Environmental Protection Agency to obtain the necessary delegated authorization status to implement the Resource Conservation and Recovery Act (RCRA) Subtitle D (Solid Waste) to expedite the closure and post

17 closure plans for Ordot Landfill and immediately open a new landfill as this body has previously determined to be absolutely imperative, and to obtain the delegated authorization needed to implement the Clean Air Act (CAA) Title V to avoid federally imposed fees for power generating facilities. ILiheslaturan Guahan further determines it is critical to ensure compliance of underground storage tanks to ensure protection of the Northern Aquifer. Under federal law all underground storage tanks were required to be upgraded by December 21, There are estimated to be 316 underground storage tanks on Guam, of which only 3 have been inspected for compliance in the past year. I Liheslaturan Guahan further determines it is critical to protect the Northern Aquifer from pollutants and contaminants through the implementation and enforcement under the Water Pollution Control Program and the Safe Drinking Water Program and to further protect Guam's water resources through monitoring existing and new water wells being developed on Guam. 1 Liheslaturan Guahan further determines that the staffing of these programs is necessary for Guam to be in compliance with the federal sewer construction grants program, National Pollutant Discharge Elimination System (NPDES) program, Title 40 C.F.R, Section and Title 40 C.F.R. 257 Subsections B and D as authorized by RCRA, the Clean Air Act and various other federal environmental laws. Section 2. Notwithstanding any other provisions of law, including the fast- 2

18 track procedures created by Public Law : 11 as amended by Public Law 25-03, Chapter V, Sections 21 (a) and (b), the following sums are appropriated from the Three Hundred Sixty Million Nine Hundred Forty Five Thousand Eight Hundred Seventy Two Dollars ($360,945,872) appropriated from the General Fund by Public Law Chapter I1 Section 1 for Executive Branch operations for fiscal year No other source of funding may be used for the purposes of this bill. These positions shall continue as FTE positions for fiscal year 2000 and GEPA shall submit said FTEs in its budget proposal for fiscal year GEPA shall create and fill these positions as soon as it reasonably can and the positions shall not be underfilled or downgraded to lower position levels. Section 3. There is hereby appropriated from the aforementioned sum previously appropriated by Public Law : 11 as amended by Public Law Chapter V, Sections 21 (a) and (b) the sum of Thirty Seven Thousand Five Hundred Seventy Dollars ($37,570) for an Environmental Health Specialist I11 as an FTE for the Solid Waste Management Program; and the sum of Sixty Seven Thousand Five Hundred Forty One Dollars ($67,541) for an Environmental Professional Engineer to be employed as FTE and shall be an environmental specialist with solid waste management experience and will serve under the Air and Land Division administered by GEPA as previously mandated by Public Law :5. The first 3

19 priority for the employees filling both positions will be to address and pursue the closure and post-closure of the Ordot Landfill and the opening of a new landfill. There is also hereby appropriated kom the aforementioned sum appropriated by P.L. 24:327: 11 as amended by P.L Chapter V, Sections 21(a) and (b) the surn of Thirty Three Thousand Nine Hundred Seventy Two Dollars ($33,972) for an Environmental Health Specialist I1 to be employed as an FTE within the Hazardous Waste Management Program. First priority for this position will be to ensure compliance with and enforce the Underground Storage of Hazardous Substances Act and regulations pertaining thereto. Section 4. There is hereby appropriated from the aforementioned sum previously appropriated by Public Law : 11 as amended by Public Law 25-03, Chapter V, Sections (a) and (b) the sum of Thirty Seven Thousand Five Hundred Seventy Dollars ($37,570) for an Environmental Health Specialist I11 and the surn of Thirty Four Thousand Nine Hundred Eighty Dollars ($34,980) for an Environmental Engineer I to be employed as FTEs in the Air Pollution Control Program administered by GEPA as said positions were previously created by Public Law :2. Section 5. There is hereby appropriated from the aforementioned sum previously appropriated by Public Law : 11 as amended by Public Law 25-03, 4

20 Chapter V, Sections 21 (a) and (b) the sum of Thirty Seven Thousand Five Hundred Seventy Dollars ($37,570) for an Engineer I1 to be employed as an FTE in the Water Pollution Control Program administered by GEPA and the sum of Thirty Seven Thousand Five Hundred Seventy Dollars ($37,570) is appropriated for an Engineer I1 to be employed as an FTE in the Water Resources Management Program administered by GEPA, and the sum of Thirty Seven Thousand Five Hundred Seventy Dollars ($37,570) for an Engineer I1 to be employed as an FTE in the Safe Drinking Water Program administered by GEPA. These programs play a significant role in the conservation and protection of Guam's most valuable water resource against new and existing discharges, contamination, hazardous pollution and over pumping. Section 6. Severability. If any provision of this Law or its application to any circumstances is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Law which can be given effect without the invalid provisions or application.

21 MINA' BENTE SINGKO NA LIHESLATURAN GUAHAN Kumitean Areklamento, Refotman Gubetnarnento Siha Inetnon di Nuebu, yan Asunton Fidirat Senndot Mark Forbes, Gehilu Kabisiyon Mayunit MAY MEMORANDUM TO: FROM: Chairperson Committee on Natural Resources & Chairman Committee on Rules, Government Reform, Reorganization and Federal Affairs SUBJECT: Principal Referral - Bill No. 226 The above bill is referred to your Committee as the Principal Committee. In accordance with Section of the Standing Rules, your Committee "shall be the Committee to perform the public hearing and have the authority to amend or substitute the bill, as well as report the bill out to the Body." It is recommended that you schedule a public hearing at your earliest convenience. Thank you for your attention to this matter. Attachment MARK FORBES 155 Hesler Street, Hagitiia, Guam Telephone: Facsimile: Ernail : senforbes@kuentos.guam.net.

22 .* MINA' BENTE SAVGKO NA LIHESLATURAN G UAm 1999 (FIRST) Regular Session Bill No. Introduced by: 1 J. M. S. Brow & AN ACT TO RE-ESTABLISH SIX CRITICAL FULL-TIME EMPLOYEE POSITIONS WITHIN THE GUAM ENVIRONMENTAL PROTECTION AGENCY. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Findings and Intent. I Liheslaturan Guahan has determined that certain full time employee positions (FTEs) which were formerly authorized for the Guam Environmental Protection Agency (GEPA) but which were repealed by Public Law Chapter V Sections 21(a) and (b) should immediately be re-established because they are crucial to the administration of the Solid Waste Management Program, the Air Pollution Control Program, and the Water Pollution Control Program.' I Liheslaturan Guahan has further determined that the re- establishment of said positions will enable the Guam Environmental Protection Agency to obtain the necessary delegated authorization status to implement the Resource Conservation and Recovery Act (RCRA) Subtitle D (Solid Waste) to expedite the closure and post closure plans for Ordot Landfill and immediately open a new landfill as this body has previously determined to be absolutely imperative,

23 . - and to obtain the delegated authorization needed to implement the Clean Air Act (CAA) Title V to avoid federally imposed fees for power generating facilities. I Liheslaturan Guahan further determines it is critical to protect the Northern Aquifer from pollutants through the implementation and enforcement of the Guam Water Quality Standards under the Water Pollution Control Program. I Liheslaturan Guahan further determines that the staffing of these programs are necessary for Guam to be in compliance with the federal sewer construction grants program, National Pollutant Discharge Elimination System (NPDES) program, Title 40 C.F.R, Section and Title 40 C.F.R 257 Subsections B and D as authorized by RCRA, the Clean Air Act and various other federal environmental laws. Section 2. Notwithstanding any other provisions of law, including the fasttrack procedures created by Public Law : 11 as amended by Public Law 25-03, Chapter V, Sections 21 (a) and (b), the following sums are appropriated from the Three Hundred Sixty Million Nine Hundred Forty Five Thousand Eight Hundred Seventy Two Dollars ($360,945,872) appropriated fiom the General Fund by Public Law Chapter I1 Section 1 for Executive Branch operations for fiscal year No other source of funding may be used for the purposes of this bill. These positions shall continue as FTE positions for fiscal year 2000 and GEPA shall submit said FTEs in its budget proposal for fiscal year GEPA shall create and fill these

24 " positions as soon as it reasonably can and the positions shall not be underfilled or downgraded to lower position levels. Section 3. There is hereby appropriated from the aforementioned sum the previously appropriated by Public Law : 11 as amended by Public Law Chapter V, Sections 21(a) and (b) the sum of $37,641 for an Environmental Health Specialist 111and the sum of $67,541 for an Environmental Professional Engineer to be employed as FTEs. The employees filling both positions will address and pursue the closure and post-closure of the Solid Waste Management Program plans for the Ordot Landfill and the opening of a new landfill. The Environmental Professional Engineer shall be an environmental specialist with solid waste management experience and will serve under the Air and Land Division administered by GEPA as previously mandated by Public Law Section 4. There is hereby appropriated from the aforementioned sum previously appropriated by Public Law : 11 as amended by Public Law 25-03, Chapter V, Sections (a) and (b) the sum of $37,570 for an Environmental Health Specialist 111and the sum of $34,980 for an Environmental Engineer I to be employed as FTEs in the Air Pollution Control Program administered by GEPA as said positions were previously created by Public Law :2. Section 5. There is hereby appropriated from the aforementioned sum

25 previously appropriated by Public Law 24327: 1 1 as amended by Public Law 25-03, Chapter V, Sections 21 (a) and (b) the sum of $37, for an Engineer I1 to be employed as an FTE in the Water Pollution Control Program administered by GEPA and the sum of $37, is appropriated for an Engineer I1 to be employed as an FTE in the Water Resources Management Program administered by GEPA. These programs play a significant role in the conservation and protection of Guam's most.... valuable water resource against new and existing discharges, contamination, hazardous pollution and over pumping. Section 6. Severability. If any provision of this Law or its application to any circumstances is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Law which can be given effect without the invalid provisions or application.

26 Committee on Natural Resources Senator Joanne M. S. Brown, Chairperson Public Hearing on Bill No. 226 (COR): An act to re-establish six critical fulltime employee positions within the Guam Environmental Protection Agency. Tuesday, June 8,1999 9:00 a.m. Committee Report The Committee on Natural Resources held a Public Hearing on Bill No. 226 (COR): An act to re-establish six critical full-time employee positions within the Guam Environmental Protection Agency (GEPA) on Tuesday, June 8,1999,9:00 a.m. at the Legislative Public Hearing room to address the concerns and issues that are relevant to this Bill. The Senators and Committee Members who were present were as follows: Senator Joanne M. S. Brown, Chairperson Senator Carlotta Leon Guerrero Senator John Salas Senator Alberto Lamorena V Senator Joanne Brown commenced the Public Hearing on Bill No. 226 at 9:10 a.m. She asked if anyone would like to present their oral or written testimony. She asked Mr. David Longa, Deputy Administrator of GEPA if he was going to present any written or oral testimony on behalf of GEPA. Mr. David Longa will not be presenting any written or oral testimony on behalf of GEPA at this time; however, his Administrator, Mr. Jesus Salas will be presenting his testimony as he is currently on his way to the Public Hearing. In the meantime, there are other key personnel with him who can proceed with'their testimonies in support of Bill No He introduced Ms. Conchita Taitano, the Air and Land Administrator and Mr. Jordan Kaye, Chief Planner who will be presenting their testimonies. Ms. Conchita Taitano began her testimony. Ms. Conchita Taitano thanked the Chairperson of the Committee for her dedication and commitment in addressing the needs of the Air Pollution Control

27 Program, as well as the Solid Waste Management Program in creating this Bill. She was very appreciative, but at the same time, she would like to the take the opportunity to ask if there was a possibility, as there are also problems in other areas, namely the Hazardous Waste Management Program, to create other positions within the Agency. She expressed a concern that there were eight positions originally allocated and of those eight positions, two are currently occupied by classified employees. One is a limited term employee who is to terminate his employment on June 15, Thus, Ms. Taitano has only one person who is working in Hazardous Waste Management and another person operating the Underground Storage Tanks (UST) division. She further stated that GEPA was in the process of finalizing their work plan. She felt that with one person incorporating all the work for Hazardous Waste, it is not possible to satisfy the Agency's objectives because it cuts down the small quality generator inspections. There are other inspections that needs to be done, especially with dry cleaners and other companies that are managing hazardous waste improperly; but, with one person in charge of it all, it is just not possible to conduct quality performance. Furthermore, this particular person has been spending 50% of his time dealing with BRAC and other related issues. Unfortunately, he also suffered a heart attack last week. With regard to the Underground Storage Tank division (UST), she has one person. On December 2 1" of last year, USEPA required that all owners of UST upgrade their systems. With this requirement, she is sad to report that EPA has not been in compliance because of the lack of manpower. Although EPA receives roughly around $200, in grant money for hazardous waste and about $80, for UST, GEPA is still operating at less than 50%. Ms. Taitano continued her testimony. For Solid Waste, there are two people, which in reality, she felt, should be ten. One is a Program Director and the other one is an entry level person. She asked that GEPA be given the opportunity to operate at 50%. For the Air Division, she will work with what is given to her and she hopes that the other senators will also support the passing of this Bill. Senator Brown acknowledged Ms. Taitano's concerns. Having previously worked with her in the past, Senator Brown understood the day to day reality of operations at GEPA. She thanked her for her genuine concern for her division and recognized the passion she has for her work as reflected in her presentation. However, she is not stating in anyway that this piece of legislation that includes the six positions is adequate in any sense to accommodate the needs of the Agency. The Legislature is still awaiting for a formal transmittal from the

28 administration on critical positions. The Senator has not seen the Governor's transmittal which outlines the critical positions in GEPA. But nevertheless, the Senator took the liberty to proceed and introduce this Bill. She also stated that by creating this Bill, she is opening the door and getting started with what she hopes will serve as a forerunner in assisting GEPA with their needs. In the financial aspect, the projection is not pleasant at all. If the option is to continue, the questions lie on what is more important: who do we take care of, who do we choose, do we continue to hire more people, add to the payroll with the possibility that the work hours may be reduced or that salaries may even be cut? These are not desirable options while recognizing the concern. On the other end, the Senator felt that we all need to be mindful of the fiscal situation of the government of Guam. In spite of the declining revenues and the tough economic times, we are also trying to see as to how these positions can be created so that GEPA can proceed with recruiting and work efficiently together. Unfortunately, the political reality is that GEPA is a small agency and sometimes being a small agency can work against them because there are other bigger agencies out there who may also need help. Other senators may argue that they have agencies, which they chair, that have several hundred employees who also need immediate assistance. So, quantity is sometimes looked at as primary, rather than quality or objectives, which is looked at as secondary. Senator Brown recognized the presence of Senator Carlotta Leon Guerrero. Mr. Jesus Salas, Administrator of GEPA, apologized for being late. He presented his written testimony on Bill 226. As he read his written testimony to the public (Please see his testimony on Bill No. 226), supporting the bill, he stated that he would like to enhance its purpose by providing further documentation as to the necessity for additional support as the Bill does not fully meet the demands of their mandates. Mr. Salas also presented amendments to the Bill, as well as additions to the Bill that he felt was pertinent: 1. Amend Section 1 to read after the last sentence: I Liheslaturan Guahan further determines there exists an inequity within the Water Division at GEPA among their counterparts of sister government agencies. The individuals affected have taken on responsibilities at a supervisory level in their individual programs without concurrent compensation. Their dedication to the Agency and their programs are so far-reaching that these individuals still regularly conduct fieldwork even while having to juggle the many tasks required

29 of a supervisor, including the reviewing and completing of administrative work and reports. Action must be taken now to promote these individuals. 2. Add Section 7 to read as follows: Section 7. Promotion. If the Agency promotes from within, the Agency will not lose the position vacated by the incumbent. Depending on the availability of funds, the Agency is authorized to fill the vacated position. 3. Add Section 8 to read as follows: Section 8. Reinstatement of positions: Twenty-One (21) Positions were authorized for GEPA last year through three (3) public laws to support the I Tanota, Solid Waste Management, and Air Pollution Control Programs. Because of previous actions by the Legislature, Thirty-Four (34) positions were removed, leaving the Agency with only 43% manpower overall to address the administration and enforcement of solid waste collection, solid waste disposal, solid waste management, hazardous waste collection, RCRA inspections, hazardous waste management, underground storage tanks, pesticides, air, radon, environmental review, and Section 401 permits, Section 302 clearance, drinking water, lead ban, well development, water quality, injection wells, clearing and grading, feedlots, and sewage disposal systems concerns on Guam and other programs. Because the quality of the environment promotes and enhances tourism and overall well-being for the people of Guam, priority must be given to provide the optimum number of resources to support this. Therefore, the following list of positions is requested to be reinstated, in order of priority. (Please see the testimony of Mr. Salas for further details on the positions requested.) He further stated that GEPA's mission is to protect Guam' s environment, but without adequate staffing, GEPA will not be able to meet their mandates. He hopes that by creating these positions, they will be readily available when needed. Senator Brown restated the position of the legislature: Senator Brown and her colleagues will not concur on exempting any agency from what has been policy so far, and that is, as positions become vacant, they will be eliminated automatically. And any new positions that are to be created have to come before the legislature. Moreover, the legislature will be as critical in terms of the management of finances, as well as GEPA's or any other government agency. Senator Brown

30 reminded them that the legislature also controls the board of autonomous agencies. So any position created must be intended to be filled. She stated that they may even have to look at a budget that is specific, identifying the individuals and their positions, down to their social security numbers. She re-emphasized the critical importance of hiring. Since the Agency was created, it has never been adequately staffed for many reasons. But also there are other government of Guam offices and agencies that are also in dire strait. For example, the University of Guam is close to losing their accreditation if they are not given the authority to hire. The legislature is in a difficult position at this time, because if other agencies were to come before them requesting that certain positions be created, then they are up against each other. Nevertheless, Senator Brown will continue to fight for the Agency. Mr. Salas asked for the Chairperson's support, in the event the six positions were granted, that GEPA be allowed to hire to replace the individual who was promoted. He would like the language amended in the Bill to state his concern. Senator Brown responded that they would have to re-address the situation, should that occur. Senator Brown again stated that any position that is vacated will have to be re-created and justified before the legislature. The legislature is waiting for the Governor to send these positions as it has been a couple of months since the legislation was passed. The objectives of the legislation is to ensure that critical hiring and the merit system are met and that there is fair completion for everyone who is qualified for these positions. So any position that is eliminated must be reassessed in front of the legislative body. That agency should be able to demonstrate that it is within the existing budget of the agency, not requiring additional funding, then perhaps the legislature can work together with a compromise. Senator Carlotta Leon Guerrero was curious that these positions were not coming through the Governor's office. Senator Brown responded that under the fast track procedure that was set up through legislation, the Governor can refer the positions, which does not require public hearing. Senator Leon Guerrero then asked if it's a mandatory step that these positions

31 have to come through the Governor's office. Senator Brown said that for the Administration, it does. She further stated her position: In her discussion with GEPA, it was agreed that in eliminating these positions, she would try to re-establish those positions that are viewed as the most critical. Senator Leon Guerrero also expressed her willingness to fight for the agencies that she has oversight on. It is unfortunate that it is not coming down through the process. In fact, the agencies do not want to channel these positions directly to her because they are fearful of their relationship with the Governor. Senator Brown responded that she is taking full responsibility for this legislation which she has created, as any senator can do the same. Senator Leon Guerrero said she is present at the public hearing because she would like to know how this Bill came about. She further added that there are some positions that the Airport Authority also needs. Senator Brown said that the Chief Justice of the Supreme Court has sent their listing, as a separate branch of government can do, which is the first to be introduced to receive public hearing. Senator Leon Guerrero described her situation with the autonomous agencies and how tough it is for everybody, most especially the autonomous agencies who have desires to rebel against the hiring restrictions. As such, GEPA is also "being painted with the same broad brush strokes of austerity." Everyone is being held to the same standards, requiring another step, a re-evaluation with new numbers and a better idea of where GEPA is at. Mr. Salas agreed that it would take five months to hire anyway. Senator Leon Guerrero said it is a heartbreak for those who are in these difficult positions who care for clean water; who care about the enforcement of air pollution standards; and those who care deeply for the testing of the well of the northern aquifer.

32 Mr. Salas said that the Agency is placed in this critical position so they have to prioritize their resources in order to meet the mandates, if possible. But again, without the manpower, their objectives would suffer the consequences, which would include having to answer to Region IX since they pay for most of GEPA's budget, the consolidated grant operation. To be exact, they pay 72% of GEPA's working budget so it is very difficult to prioritize and meet what is required of them. Senator Leon Guerrero said she, along with other senators, are always trying to push the limit of the boundaries of Americans with Disabilities Act; pushing the boundaries of accreditation at the University of Guam; pushing the boundaries of air pollution, their guidelines and standards. They are pushing back because of tough economic times and she hopes that GEPA is able to convey this when GEPA deals with the federal regulators or Region IX. She hopes USEPA will understand this because the United States is doing much better as compared to Guam, which unfortunately is tied to the Asian economic crisis. She remains hopeful that they will be understanding, and that GEPA is not seen as being apathetic towards the environment, but rather they are trying to push the boundaries as far as they can. Senator Brown thanked Senator Leon Guerrero and welcomed Senators Salas and Lamorena, the Vice-Chair of the Committee on Natural Resources. She then asked if Senator Salas had any comments on Bill No Senator John Salas recalled the previous GEPA oversight hearing which occurred two months ago when Mr. Jesus Salas was expressing the need for more employees for the Agency. He heard the same concerns raised by the Agency: the job cannot be adequately performed without the proper technicians and specialists. When Senator Brown submitted this Bill, it made sense to him. Given everything that was raised about the budget bill, the main points that is clear but hardly spoken enough of, is that all Senators and their respective agencies have to make a fine judgment as to whether that particular agency will need the talent that is described in this Bill. Senator Brown has made that determination that GEPA does indeed need these positions because without the manpower they run the risk of contaminated water. In his dealing with the GEPA administrators, they would not be asking for something so vital and crucial to the Agency if they did not need it. With the government's current financial problems, it is important to be aware

33 and carefully scrutinized where money is being spent. What the Committee is doing now is watching where the "pennies" are and as the Chair has made a determination that these ten pennies are required in order to get these specialists to do the job. Senator Salas mentioned similar bills that he will be discussing on Saturday for the public defender's corporation and the Supreme Court so he is fully in support of this approach and he encourages his other colleagues to look very carefully as to what they are doing here because being the first, you are never remembered. Senator Brown asked Senator Larnorena if he had any comments or questions pertaining to Bill 226. Since he had no comments or questions, Senator Brown proceeded by asking if anyone had any testimony on Bill 226 which they would like to present. Mr. Jordan Kaye conveyed what is happening to his particular division in the Agency. Although there are many dedicated professionals who are working hard, unless GEPA gets the help as soon as possible, these hard working people will be "burned out" because they will not be able to keep up with the work load. His employees do not question time; they would come in and work the extra hours, if necessary. But there will be a time when these employees will become frustrated, and that is what he is worried about. Senator Brown commended Mr. Kaye for bringing up a legitimate point: the issue of "burn out." She felt that this has been an ongoing condition with GEPA, simply because the Agency has almost always been under staffed for the mandates that has been given to the Agency for enforcement. It's between having a pay check and not having a pay check and looking at the numbers. One must be very careful, and this needs to be related to everyone in the Agency with regard to where they are. It's important to keep in mind, if there was money, the legislature would give it; however, there is no funding at this time. Any position that the Senators are looking at, whether it may be Senator Leon Guerrero for the Mass Transit or Senator Salas for the Public Defender, the money is coming from the same pot. There is no new pot of money where this appropriation is coming 6-om. So the question lies as to where the priority is for this administration and as to what the Governor has from now to September on funding these positions. That's where the pressure is going to come 6-om, from both sides. As a result of the situation at the Ordot Landfill, the positions were created to assist in its closure.

34 We do not have the personnel for UST and for Hazardous Waste. She is aware that the Agency needs more positions to fill the void, so she created these six positions just to get started. Although the Air Pollution rules and regulations were passed in December, we do not have the support personnel to implement and enforce the rules. So do we pay the $36.00 per ton that is to be regulated or do we pay the $6.00? If we pay the $36.00, then Guam Power Authority will have to find other means of payment and by doing that, they are going to pass the cost to us, the rate payers. Looking at these concerns, she will go before the floor next week and try to relay to her colleagues that these are the risks involved if these positions are not funded. The public hearing for Bill No. 226 was adjourned at 9:45 a.m. Immediately following the public hearing, the commencement of Guam Environmental Protection Agency Oversight Hearing took place.

35 MINA' BENTE SINGKO NA LIHESLATURAN GUAHAN COMMITTEE ON NATURAL RESOURCES Senator Joanne M. S. Brown, Chairperson Public Hearing Tuesday, June 8,1999 9:00 a.m. Bill No An act to re-establish six critical full-time employee positions within the Guam Environmental Protection Agency. Sign In Sheet

36 MINA' BENTE SINGKO LA LIHESLATURAN GUAHAN Committee on Natural Resources GUAM ENVIRONMENTAL PROTECTION AGENCY OVERSIGHT HEARING Tuesday, June 8,1999 9:00 a.m. 1. Introduction of Committee Members 2. Public Hearing on Bill No. 226 (COR): An act to re-establish six critical full- time employee positions within the Guam Environmental Protection Agency 3. Commencement of EPA Oversight Hearing 4. Public Comment 5. Adjournment

37 JUN-0e-SS PROMzCU ENVIRONMENT PAGE 3/6 TESTIMONY ON BILL 226 Submined to Committee on Natural Resources 29" Guam Legislature Submined by: Angel B. Marqua Program Director Safe Drinking Water Program Guam Environmental Protect~on Agency The Drinki water prosam is task to implements malor objectives whch are directly impacted the public health through the consumption of pc~table water. There are three (3) staffin the program that manages and enforce the mandated tasks such (Program Director, Engineer 11and Environmental Inspector l). With rhe present h$ftaff, the program objectives can not be met on a yew to year basis. Objectives that are not met iue keep on filing as new mandates are cormng The 1986 and 1996 amendments of SDWA added many regulations that are needed to implemen~ to protect the public health. The attached sumdary explain the program major obj&xives and goals and current staff and the vacant position. Responsibilities. Guam EPA has primacy with the SDWA. Federal grants under the Public Waw Supply Systems programs are being granted to GEPA in oonjunction with the primacy. Due to the hardship of keeping the primacy due to lack of resources, CiEPA is facing a challenge of losing the pmuy to Guam This means taking over by the Federal governeat the enforcement of SDWA to the island of Guam. The program is also mandated to enforce the requirements of the Lead Ban as mandated by the 1986 amendments of SDWA. It was further amended in 1996 to ensure that no lead leaches to any plumbing b e s and fittings even with the Lead free materials. Bill 81 being proposed at the 25' Guam Legislature will enable GEPA to implement the Ban on 111 scale and authority. Setting priorities is imponant. We are concern of the presence of several contaminant to our water icnse. We agree to find the source and nirigate or prevent from further intrusion to tht: lense. However, in this time of financial constraint. we must focus our effort to minimize the effecfs of these contaminauts to the public. The is tasked to protect the public fiom unnecessary exposure to these concamhuts that are known to cause cancer and other health effect. It is known that TCE, PCE, EDB, Lead, Copper, Bacteriological contaminations and many other contaminants are found to be in our drinking water. The program goal is to Gnsure that none of these contaminants may enter to OW dtinking water without &st treated and remove by the water suppliers. To M e protecting the public health it is desirable that two positions (Engineer U and Enviroqental Inspector 11) be granted to the Safe Drinking Water Program of Water Division at Guam EPA Thank you very much.

38 ion and Sanilary Survey e lhal all violalions are lo Federal Recording '.

39

40 TESTIMONY ON BILL 226 June 8,1999 Buenas yan Saluda, Senator Brown and members of the Committee on Natural Resources I would like to thank you for the opportunity to comment on Bill 226: An act to re-establish six critical full-time employee positions within the Guam Environmental Protection Agency This Bill shows your foresight on the necessity to support an agency mandated to protect the environment because you understand that the quality of our environment correlates to the volume of tourism on Guam and the overall well-being for the people of Guam. Obviously, I whole-heartedly support Bill 226 and would like to enhance its purpose by providing documentation and testimony from the various programs within GEPA to persuade you and your committee members of the need for additional support, because the six positions called for in the Bill barely meet the demands of our mandates. The Agency would llke to request the following changesladditions to Bill 226 (COR): L 1. Amend Section 1 to read after the last sentence: I Liheslaturan Guahan further determines there exists an inequity within the Water Division at GEPA among their counterparts of sister government agencies. The individuals affected have taken on responsibilities at a supervisory level in their individual programs without concurrent compensation. Their dedication to the Agency and their programs are so far-reachmg that these individuals still regularly conduct fieldwork even whle having to juggle the many tasks required of a supervisor, including the reviewing and completing of administrative work and reports. Action must be taken now to promote these individuals. 2. Add Section 7 to read as follows: Section 7. Promotions. If the Agency promotes from within, the Agency will not lose the position vacated by the incumbent. Depending on the availability of funds. the A~ency is authorized to fill the vacated posit~on.

41 3. Add Section 8 to read as follows: Section 8. Reinstatement of positions: Twenty-One (21) Positions were authorized 3 for GEPA last year through three (3) public laws to support the I Tanota, Solid Waste 2 Management, and Air Pollution Control Programs. Because of previous actions by the Legislature, Thuty-Four (34) positions were removed, leaving the Agency with only 43% manpower overall to address the administration and enforcement of solid waste collection, solid waste disposal, solid waste management, hazardous waste collection, RCRA inspections, hazardous waste management, underground storage tanks, pesticides, air, radon, environmental review, $401 permits, $302 clearance, drinking water, lead ban, well development, water quality, injection wells, clearing and grading, feedlots, and sewage disposal systems concerns on Guam and other programs. Because the quality of the environment promotes and enhances tourism and overall well-being for the people of Guam, priority must be given to provide the optimum number of resources to support this. Therefore, the following list of positions is requested to be reinstated, in order of priority. 0 i